WSR 07-14-132

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed July 3, 2007, 1:54 p.m. ]

Subject of Possible Rule Making: These sections of the following rules related to the nozzle requirements for air and ground pesticide applications may be amended. WAC 16-230-010 through 16-230-088, 16-230-150 through 16-230-190, 16-230-400 through 16-230-470, 16-230-600 through 16-230-675, 16-230-800 through 16-230-868; 16-231-100 through 16-231-183, 16-231-200 through 16-231-235, 16-231-300 through 16-231-340, 16-231-400 through 16-231-425, 16-231-500 through 16-231-530, 16-231-600 through 16-231-620, 16-231-700 through 16-231-725, 16-231-800 through 16-231-840, 16-231-900 through 16-231-935; and 16-232-001 through 16-232-077, 16-232-100 through 16-232-120, 16-232-200 through 16-232-225, and 16-232-300 through 16-230-315.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.58 and 17.21 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since the adoption date of the current rules there have been significant technological advances in nozzles for both aerial and ground apparatus. As a result, current nozzle requirements are significantly outdated. Potentially, this new technology will allow for greater drift protection and ease of selection by users. While present rules allow a user to apply for a permit to use the newer technology nozzles, this process creates additional work by the pesticide applicator and Washington state department of agriculture (WSDA). Amending the rules to incorporate this newer technology, where appropriate, should aid in the reduction of drift, reduce the need for a permit, and allow easier nozzle selection by pesticide users.

General housekeeping to correct minor typographical mistakes in some area descriptions.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agency regulates this subject.

Process for Developing New Rule: The WSDA will develop an advisory committee from key stakeholders and convene meetings to discuss the pros and cons associated with possible changes related to nozzles. At the conclusion of these stakeholder meetings, WSDA will make a final decision on whether to proceed further with the rule-making process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by sending written comments to Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, e-mail lmauerman@agr.wa.gov.

July 2, 2007

Bob Arrington

Assistant Director

Washington State Code Reviser's Office